Temporary restraining orders
are protective orders that are available to victims of domestic
violence. California has stringent domestic abuse laws that
cover intimate partners. According to California criminal
statutes, intimate partners include both heterosexual and
homosexual persons who are spouses, divorcees, girlfriends,
boyfriends, cohabitants or people with children in common.
To assist with protection against an abuser, an alleged victim
may apply for a temporary restraining order.
The goal of a temporary restraining order (TRO) is to protect
a victim of intimate abuse from additional harm. The individual
seeking the order does not need to be a victim of actual violence.
This type of order also prohibits the restrained person from
harassing, stalking, threatening, telephoning, mailing or
coming within a certain distance of the protected individual.
It is an order made by the court stating that the person listed
on the order must not engage in certain acts and must stay
away from particular people and places. A victim may request
a TRO “ex-parte,” which means that his or her
partner does not need to be present at the hearing. Such an
order is typically granted on the same day as the request
and lasts until the “order to show cause” hearing
which takes place about three weeks after the temporary restraining
order is issued. During this hearing, both parties can explain
why the order should be extended or revoked.
After hearing from both parties, the court will determine
whether a more permanent protective order should be granted.
Taking into account the circumstances of the situation and
the evidence presented at the hearing, the judge will dictate
the parameters of the order and may prohibit the restrained
person from engaging in specified acts and from being in designated
places. This permanent order can last for years and may be
extended indefinitely.
A temporary restraining order helps ensure the safety of
a true victim of intimate partner violence, as well as the
safety of his or her children. The victim should contact an
attorney to assist in successfully obtaining the order. A
knowledgeable attorney knows the application procedure very
well and can make sure the required paperwork is complete.
Also, the reasons for requesting the order should be articulated
clearly so that the judge will comprehend the imminent need
for the victim’s protection.
Unfortunately, cases exist where a TRO is sought against
an individual for frivolous or unlawful reasons. In these
situations the alleged victims are actually abusing their
partners and securing orders against them as another form
of that abuse. A person faced with a TRO should immediately
hire a trained attorney who knows how to fight against this
kind of harassment. The criminal defense lawyers at the Kavinoky
Law Firm have handled numerous domestic violence charges and
know that intimate partner abuse is always two-sided. They
will ensure that the defendant’s version of the events
garners equal attention to that of the alleged victim.
Hiring an attorney who is experienced in California domestic
violence law can help either party in an intimate abuse allegation,
whether an individual is the victim or the alleged abuser.
The attorneys at the Kavinoky Law Firm are familiar with all
aspects of domestic abuse litigation and have experience in
handling order to show cause hearings. They will communicate
all aspects of the process to their clients. Contact the Kavinoky
Firm today and take the first step in protecting yourself
and your family. |
